Riccarton Park – Amberley 21 June 2025 – R1 – Ayush Mudhoo

Evidence

Following the running of Race 1, the Respondent Class B Rider, Ayush Mudhoo, admitted a charge pursuit to Rule 638(3)(f)(i) alleging that “he used his whip with an action which resulted in striking his mount MATETSI on the head.”

Jason Laking, NZTR Apprentice Mentor, assisted Mr Mudhoo at the hearing.

Rule 638(3)(f)(i) provides that in a Flat Race a Rider must not use his or her whip:

• forward of the Rider’s horse’s shoulder or in the vicinity of its head;

Using the available race films, Chief Stipendiary Steward John Oatham, demonstrated that approaching the 100m, Mr Mudhoo was riding his mount out using the whip in a compliant way behind the saddle. He pointed out that near the 100m, Mr Mudhoo put both hands on the reins with his whip pointing upwards, began pushing the horse and in doing so, his whip made contact on at least 2 occasions, with the horse’s head. Mr Oatham showed on the films, the horse react to contact being made, by raising its head and flattening its ears. He added that there was no intent by Mr Mudhoo to intentionally strike the horse’s head, but more of a result of Mr Mudhoo’s riding style that caused the incident. Mr Oatham stated that Mr Mudhoo was warned earlier in the day about the poor condition of his whip and that it needed replacing.

Mr Laking stated that there was no intent by Mr Mudhoo to make contact with the horse’s head. He said Mr Mudhoo’s whip was very flexible and in need of replacement, which contributed to the situation Mr Mudhoo found himself in.  He added that he was going to work with Mr Mudhoo in ensuring his whip and riding out actions were compliant in future.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Oatham produced the Respondent’s record, which indicated no previous breach of this category of the Whip Rules.

Mr Oatham advised that charges under this Rule are rare. He probed the NZTR database and found one breach by Rider Tristan Moodley at Ruakaka on 3 August 2024, which resulted in a $750 fine, when he admitted striking his mount on the side of the head.

Mr Oatham stated that the Penalty Guide did not provide a starting point for a breach of this particular sub rule, apart from directing penalty to be fact dependent. He submitted that after taking all factors into consideration, including Mr Mudhoo’s inexperience and the absence of intent to strike the horse’s head, a fine be considered as penalty, in the range of $300 to $500.

Mr Mudhoo elected to make no submissions in regard to penalty.

Reasons for Penalty

The Penalty Guide does not provide a starting point for a breach of this Rule, as each breach under this particular category of the Whip Rule is dealt with on a fact dependent basis.

Mr Oatham had stated that the only historic breach of this particular Rule, since the new Rules came into effect, where the Rider struck the head of his mount, was Mr Moodley at Ruakaka on 3 August 2024, where he received a $750 fine. The Adjudicative Committee, deeming that it was more probable than not, that the strike was not an intentional blow to the horse’s head. They also took into consideration, that Mr Moodley went on to finish in equal first place.

This Adjudicative Committee has determined that this breach was not a result of of intentional strikes, but accidental due to the riding style of Mr Mudhoo, combined with his inexperience and to a lesser degree, the condition of his whip. The Adjudicative Committee also found that the contact with the horse’s head was with absence of force.

Mr Mudhoo was reminded that animal welfare is paramount and the penalty  imposed by this Adjudicative Committee must reflect that. On that basis, the Adjudicative Committee has deemed that a fine is an appropriate penalty in this case, with that fine set at $500.

Conclusion

Mr Mudhoo is fined the sum of $500.